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ration of three months from the date of that notice the name of the company mentioned therein will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.
(4.) At the expiration of the time mentioned in the notice, the registrar may, unless cause to the contrary is previously shown by such company, strike the name of such company off the register, and shall publish notice thereof in the Gazette, and, on the publication in the Gazette of such last-mentioned notice, the company whose name is so struck off shall be dissolved : Provided that the liability (if any) of every director, managing officer, and member of the company shall continue, and may be enforced as if the company had not been dissolved.
(5.) If any company or member thereof feels aggrieved by the name of such company having been struck off the register in pursuance of this section, the company or member may apply to the Superior Court in which the company is liable to be wound-up; and such court, if satisfied that the company was at the time of the striking off carrying on business or in operation, and that it is just so to do, may order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if the name thereof had never been struck off: and the court may by the order give such directions and make such provisions as seems just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had never been struck off.
(6.) A letter or notice authorised or required for the purposes of this section to be sent to a company, may be sent by post addressed to the company at its registered office, or, if no office has been registered, addressed to the care of some director or officer of the company, or, if there be no director or officer of the company whose name and address are known to the registrar, the letter or notice (in identical form) may be sent to each of the persons who subscribed the memorandum of association, addressed to him at the address mentioned in that memorandum.
The Companies Act, 1883.
46 & 47 Vict. c. 28. Wages and In the distribution of the assets of any company being woundferential claims up under the Companies Acts, 1862 and 1867, there shall be paid
in priority to other debts, -
service rendered to the company during four months
before the commencement of the winding-up not ex
ceeding fifty pounds; and (6.) All wages of labourer or workman in respect of services
rendered to the company during two months before the
commencement of the winding-up. (5.) The foregoing debts shall rank equally among themselves, Such claims to
rank equally. and shall be paid in full, unless the assets of the company are insufficient to meet them, in which case they shall abate in equal proportions between themselves.
(6.) Subject to the retention of such sums as may be neces- Liquidator to sary for the costs of administration or otherwise, the liquidator dischargerina me or liquidators or official liquidator shall discharge the foregoing suficient assets. debts forth with, so far as the assets of the company are and will be sufficient to meet them, as and when such assets come into the hands of such liquidator or liquidators or official liquidator.
5 & 6 VICT. C. 45.
The copyright in every book which shall be published after the death of its author, shall endure for forty-two years from the first publication thereof, and shall be the property of the proprietor of the author's MS., and his assigns. (a)
Copyright (Musical Compositions) Act, 1882.
45 & 46 VICT. C. 40. 1. On and after the passing of this Act (b) the proprietor of Printed notice the copyright in any musical composition first published after the restraining
public performpassing of this Act, or his assignee, who shall be entitled to and ance. be desirous of retaining in his own hands exclusively the right of
(a) “ Book” shall mean and include every volume, part or division of a volume, pamphlet, sheet of letterpress, sheet of music, map, chart, or plan separately published (sect. 2).
(b) 10th August, 1882.
in different owners.
public representation or performance of the same, shall print or cause to be printed upon the title-page of every published copy of such musical composition a notice to the effect that the right
of public representation or performance is reserved. Provision when 2. In case, after the passing of this Act, the right of public right of perform- representation or performance of, and the copyright in, any right are vested musical composition shall be or become vested before publication
of any copy thereof in different owners, then, if the owner of the right of public representation or performance shall desire to retain the same, he shall, before any such publication of any copy of such musical composition, give to the owner of the copyright therein notice in writing requiring him to print upon every copy of such musical composition a notice to the effect that the right of public representation or performance is reserved; but in case the right of public representation or performance of, and the copyright in, any musical composition shall, after publication of any copy thereof subsequently to the passing of this Act, first become vested in different owners, and such notice as aforesaid shall have been duly printed on all copies published after the passing of this Act previously to such vesting, then, if the owner of the right of performance and representation shall desire to retain the same, he shall, before the publication of any further copies of such musical composition, give notice in writing to the person in whom the copyright shall be then vested, requiring him to print such notice as aforesaid on every copy of such musical composition
to be thereafter published. Penalty on
3. If the owner for the time being of the copyright in any owner of copy musical composition shall, after due notice being given to him compliance with or his predecessor in title at the time, and generally in accordowner of right ance with the last preceding section, neglect or fail to print of performance. legibly and conspicuously upon every copy of such composition
published by him or by his authority, or by any person lawfully entitled to publish the same, and claiming through or under him, a note or memorandum stating that the right of public representation or performance is reserved, then and in such case the owner of the copyright at the time of the happening of such neglect or default shall forfeit and pay to the owner of the right of public representation or performance of such composition the sum of twenty pounds, to be recovered in any court of competent jurisdiction.
4. The costs of any action or proceedings for penalties or damages in respect of the unauthorised representation or performance of any musical composition published before the passing of this Act shall, in cases in which the plaintiff shall not recover more than forty shillings as penalty or damages, be in the discretion of the court or judge before whom such action or proceedings shall be tried.
DEATH BY NEGLIGENCE.
(Lord Campbell's Act.) 1. When the death of a person shall be caused by such Action maintainwrongful act, neglect,' or default, as would (if death had not able where
person killed by ensued) have entitled the party, injured to maintain an action negligence. and recover damages in respect thereof, then the person
who would have been liable if death had not ensued shall be liable to an action for damages, 'notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
2. Every such action shall be for the benefit of the wife, For whose husband, parent, and child, of the deceased person, and shall be benefit. brought by and in the name of the executor or administrator of the deceased person'; and the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whose benefit such' action shall be brought, and the amount recovered after deducting the costs not recovered from the defendant shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct. (a)
3. Only one action shall lie in respect of the same complaint, When to be and shall be commenced within twelve calendar months after brought. the death of such deceased person. (6)
4. The plaintiff shall deliver with the [statement of claim] a Particulars to be full particular of the person or persons for whom and on whose delivered. behalf such action shall be brought, and of the nature of the claim.
5. “ Person shall apply to bodies politic and corporate. Interpretation of “ Parent” shall include father, mother, grandfather, grandmother, stepfather, and stepmother. “ Child” shall include
(a) A reasonable expectation of pecuniary advantage by the relative remaining alive may be taken into account by the jury, and damages may. be given in respect of that expectation (Pym v. Great Northern Railway Company, 31 L. J. 249, Q. B.); but damages cannot be given in respect of funeral expenses or mourning (Dalton v. South-Eastern Railway Company, 27 L. J. 227, C. P.); nor for mental suffering (Blake v. Midland Railway Company, 21 L. J. 233, Q. B.).
6 Where the deceased in his lifetimo accepted compensation in full satisfaction no such claim can be maintained : (Read v. Great Eastern Railway, 18 L. T. N. S. 882.)
son, daughter, grandson, granddaughter, stepson, and stepdaughter. (a)
Where executor fails to bring action.
An Act to amend the 9 & 10 Vict. c. 93.
27 & 28 Vict. c. 95. 1. If in any of the cases intended and provided for by the 9 & 10 Vict. c. 93, there shall be no executor or administrator of the person deceased, or if there be, and no such action as in the said Act mentioned shall within six calendar months after the death of such deceased person have been brought by and in the name of his or her executor or administrator, then such action may be brought by and in the name, or names, of all or any of the persons (if more than one) for whose benefit such action would have been if it had been brought by and in the name of such executor or administrator. Every such action so to be brought shall be for the benefit of the same person or persons, and shall be subject to the same regulations and procedure as nearly as may be as if brought by and in the name of such executor or administrator.
2. It shall be sufficient, if the defendant is advised to pay money into.court, that he
pay it as a compensation in one sum to all persons entitled under the said Act, for his wrongful act, neglect, or default, without specifying the shares into which it is to be divided by the jury; and if the said sum be not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the jury shall think the same sufficient, the defendant shall be entitled to the verdict upon that issue.
Payment into court.
DEBTS OF DECEASED PERSONS. An Act to render Freehold and Copyhold Estates, Assets for the Payment of Simple and Contract Debts.
3 & 4 WILL. 4, 0. 104. 1. When any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate, whether freehold or copyhold, which he shall not by his last will have charged with, or devised subject to, the payment of his debts, the same shall be assets, to be administered in courts of equity, for the
(a) A child en ventre sa mere is entitled to recover on the death of its father by negligence (The_George and Richard, 24 L. T. N. S. 717); but not an illegitimate child (Re Wilson, 35 L. J. 243, Ch.).